New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Dust diseases


       

  1. 27/03/2015
    Dust diseases: asbestos and mesothelioma; appellant exposed to asbestos between 1974 and 1977; Workers Rehabilitation and Compensation Act 1986 (NT) s 189 bars causes of action arising after 1 January 1987; whether appellant suffered compensable damage before 1 January 1987; whether damage began when asbestos fibres caused changes in mesothelial cells or when malignant mesothelioma developed in 2014; Orica Ltd and Anor v CGU Insurance Ltd [2003] NSWCA 331; Wardley Australia v Western Australia [1992] HCA 55 distinguished; Wilson v Rigg [2002] NSWCA 246 applied; changes in mesothelial cells constitutes damage; cause of action may arise before mesothelioma develops; E M Baldwin & Son Pty Ltd v Plan (1998) 17 NSWCCR 434; Work Cover Authority (NSW) v Chubb Australia Ltd [2000] NSWCA 221 cited; appeal allowed
    Zabic v Alcan Gove Pty Ltd  [2015] NTCA 2
  2. 27/02/2013
    Dust diseases: jurisdiction of Dust Diseases Tribunal; s 11(1) Dust Diseases Tribunal Act 1989 (NSW) (‘the Act’); whether jurisdiction to deal with claim for damages for psychiatric illness arising as a result of the death of the respondent’s father from a dust-related disease; whether respondent ‘claiming through’ the deceased for damages ‘in respect of’ his death under s 11(1)(c) of the Act; whether Mangion v James Hardie & Co Pty Ltd (1990) 20 NSWLR 100 was correctly decided
    Trustees of the Sydney Grammar School v Winch  [2013] NSWCA 37
  3. 30/05/2012
    Dust diseases: Claims resolution process; apportionment between joint tortfeasors; multiple claims and cross-claims between joint tortfeasors; Dust Diseases Tribunal ordered first tortfeasor to pay second tortfeasor although second tortfeasor had not commenced proceedings against first tortfeasor; order properly made.
    CSR Ltd v Wallaby Grip Ltd  [2012] NSWCA 154
  4. 05/08/2011
    Dust diseases: Causation; appellant developed lung cancer and pleural thickening on his lungs; appellant was a heavy smoker and exposed to asbestos; epidemiological evidence; consideration of Amaca v Ellis [2010] HCA 5
    Evans v Queanbeyan City Council  [2011] NSWCA 230
  5. 16/05/2011
    Dust diseases: Dust Disease Tribunal; procedure; new claim by defendant seeking contribution from third parties; claims resolution process ("CRP"); apportionment determination by a Contributions Assessor; whether CRP applies to contribution claims made in separate proceedings to original claim; whether ss 32H(1)(a), 32H(1)(b) of D ust Diseases Tribunal Act authorises regulations applying CRP in separate contribution proceedings
    Bradford Insulation Industries Pty Ltd & Anor v Babcock Australia Pty Ltd & Ors  [2011] NSWCA 117
  6. 06/07/2010
    Dust diseases: Whether legitimate for judge to draw from experience in specialised court
    Dasreef Pty Limited v Hawchar  [2010] NSWCA 154
  7. 14/05/2010
    Dust diseases: Apportionment; contribution assessor's determination; whether cross-defendant had to institute fresh proceedings, in which it would bear the onus of proving that the assessor's contribution determination was excessive; examination of the relevant legislative framework, including cll 42 and 44 of the Dust Diseases Tribunal Regulation 2001; discussion of Wallaby Grip
    Power Technologies Pty Ltd v Energy Australia  [2010] NSWCA 107